Lawrence v. Niagara Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Niagara Fire Insurance Companyj from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on .the 19th day of March, 1895, upon the verdict of a jury, rendered after a trial at the New York Circuit, with notice of an intention' to bring up for review upon such appeal an order entered in said clerk’s office on the 14th day of March, 1895, denying the defend-' ant’s motion for a…
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Appeal by the defendant, The Niagara Fire Insurance Companyj from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on .the 19th day of March, 1895, upon the verdict of a jury, rendered after a trial at the New York Circuit, with notice of an intention' to bring up for review upon such appeal an order entered in said clerk’s office on the 14th day of March, 1895, denying the defend-' ant’s motion for a new trial made upon the minutes. The action is brought to recover upon a policy of .ffre insurance issued to the decedent…
1Opinion of the Court
Barrett, J.:
This action was properly brought by the administrator and administratrix of the deceased. They were his “ legal representatives” within the meaning of the law. The defendant claims that they were only his legal representatives as to the personalty, and that the heirs are his legal representatives as to the real estate.: Upon this it contends that two actions should have been brought, one by the heirs for damage to the real estate and one by the plaintiffs for *269damage to the personalty. This contention fails to distinguish between the right of action proper and the right to share in…
2Cited by4 opinions
- In re the Estate of KaneNew York Surrogate's Court · 1902
- Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Sykes v. Royal Casualty Co.Mississippi Supreme Court · 1916